Auckland TC 7 June 2013 – R 9
ID: JCA13866
Meet Title:
Auckland TC - 7 June 2013
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2013/06/07
Race Number:
R9
Decision:
As Mr Edwards admitted the breach we find the charge proved.
Penalty:
Accordingly, we impose a $200 fine.
Charge:
Following race 9, Brancott Estate Mobile Pace, an information was filed pursuant to Rule 869(2)(a). The Informant, Mr Muirhead, alleged that Horseman Mr B. Edwards, used the whip excessively driving GAME over the concluding stages.
Mr Edwards acknowledged that he understood the rule and the nature of the charge.
Rule 869(2)(a) states: No horseman shall during any race (a) use his whip in an unnecessary , excessive or improper manner.
Facts:
Mr Jones demonstrated the incident by using the available video films. He told the Committee that Mr Edwards, whilst driving the 5th placed horse Game, used his whip excessively by striking his drive approximately 24 times from the top of the straight to the winning post.
Mr Edwards told the Committee that he agreed with the number of strikes and acknowledged he would have to alter his whip use and action. He submitted that he was mainly flicking the whip in the final straight.
Mr Muirhead told Mr Edwards that he needed to reduce his use of the whip by fifty per cent.
Submissions for Penalty:
Mr Muirhead submitted that the JCA guidelines establish a starting point for a breach of this rule was a $300 fine. He said Mr Edwards had a clear record under this Rule and assessed the breach to be in the mid range. He further submitted Mr Edwards ought to be given credit for his admission of the breach.
Mr Edwards did not wish to make any submissions on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Edwards' admission of the breach and his clear record under this rule. The number of strikes (24) is assessed as mid range and the severity is assessed as low to mid range.
The starting point is adjusted downwards because of the mitigating factors. However, the Committee informed Mr Edwards that any further breach of this Rule would result in a higher fine.
We referred to the JCA listing of penalties for similar breaches which showed fines in the vicinity of $200.
After taking into account all the above factors we independently assess an appropriate penalty is $200 fine.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 7a94dd271ff4cf2b51e04e52b89cf1aa
informantnumber: A4644
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/05/2013
hearing_title: Auckland TC 7 June 2013 - R 9
charge:
Following race 9, Brancott Estate Mobile Pace, an information was filed pursuant to Rule 869(2)(a). The Informant, Mr Muirhead, alleged that Horseman Mr B. Edwards, used the whip excessively driving GAME over the concluding stages.
Mr Edwards acknowledged that he understood the rule and the nature of the charge.
Rule 869(2)(a) states: No horseman shall during any race (a) use his whip in an unnecessary , excessive or improper manner.
facts:
Mr Jones demonstrated the incident by using the available video films. He told the Committee that Mr Edwards, whilst driving the 5th placed horse Game, used his whip excessively by striking his drive approximately 24 times from the top of the straight to the winning post.
Mr Edwards told the Committee that he agreed with the number of strikes and acknowledged he would have to alter his whip use and action. He submitted that he was mainly flicking the whip in the final straight.
Mr Muirhead told Mr Edwards that he needed to reduce his use of the whip by fifty per cent.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Edwards admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Muirhead submitted that the JCA guidelines establish a starting point for a breach of this rule was a $300 fine. He said Mr Edwards had a clear record under this Rule and assessed the breach to be in the mid range. He further submitted Mr Edwards ought to be given credit for his admission of the breach.
Mr Edwards did not wish to make any submissions on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Edwards' admission of the breach and his clear record under this rule. The number of strikes (24) is assessed as mid range and the severity is assessed as low to mid range.
The starting point is adjusted downwards because of the mitigating factors. However, the Committee informed Mr Edwards that any further breach of this Rule would result in a higher fine.
We referred to the JCA listing of penalties for similar breaches which showed fines in the vicinity of $200.
After taking into account all the above factors we independently assess an appropriate penalty is $200 fine.
penalty:
Accordingly, we impose a $200 fine.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr B Edwards - Driver of GAME
Otherperson: Mr T Edwards - Trainer of GAME (observer), Mr B Jones - Assistant Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 11d66215333f031cbed0adff72bbef97
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 91a969428ae968c583d758eab6f09a7c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/06/2013
meet_title: Auckland TC - 7 June 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC